Legal Question in Entertainment Law in New York

Re: entertainment law

In most cases, use of the artists' name for commercial purposes violates the artist's rights of publicity. You should obtain the artists' express written permission before using their name.

Re: entertainment law

It really depends upon how you use the names. If you're using the names merely as part of the dancers' bios, you have a First Amendment right that should trump the name/likeness issue. You must be careful, however, not to focus on those names as a means of furthering your sales purpose. In other words if presented the credit like this: Jane Doe has danced for MICHAEL JACKSON and ALICIA KEYES, you're going to run into trouble because a consumer will zero in on those names and, perhaps, buy the DVD thinking that either artist is included in the DVD. Be sensible and don't try to pass the DVD off as the artists' or celebrities' work or endorsement and you should be okay. Of course, you need to know that Michael Jackson may not agree with me in which case you may get a cease and desist letter or, worse, a lawsuit. Then you have the problem of defending in which case I think you'd prevail but you will have spent a lot of money to prove you were right. You can try doing what Daniel Pepper suggests but I doubt you would get a favorable (or any) response. Subject to what I've written, I think you can use the names.